RIGHT TO SIT EXAMINATION

Evening Star, Issue 25618, 19 October 1945, Page 8

RIGHT TO SIT EXAMINATION

LAW STUDENT WINS DECISION (P.A.) WELLINGTON, October 18. (Reserved judgment has been given by Air Justice Blair in favour of Ogilvie Garth Clifford, a law student, of Christchurch, against the University of New Zealand.

The plaintiff sought and has now been granted a writ of mandamus commanding the University to accept his entry for- the taking by' him at the forthcoming degree examinations in law of the subject of Constitutional Law in addition to Latin and Law of Property, the three subjects which lie requires in order to complete his LL.B. degree. The University refused to accept the entry, claiming that he had no legal right to enter for and take the examination in Constitutional Law in division IV., in addition to Latin and Law of Property which are respectively in division I. and division 11., in which it was prepared to allow him to sit.

His Honour said that clause IV. of the University Statutes stated: “A candidate shall, except as hereinafter provided, pass in all the subjects of any division before presenting himself in a subject of any later division.” This, His Honour said, if the exception in it were disregarded, would be a complete answer to the plaintiff’s case because it would require him to pass in Latin, which was a division l. subject, before he could enter for any subject in any later division. Clause V. provided that a candidate could not present himself for or be credited with more than four subjects in one year, and, inferentially, authorised the candidate to take at one time any number of subjects not exceeding four. Then followed this proviso:—“Provided that in the ease of a candidate who has five subjects to complete the degree, he shall be al'owed to present himself in such five subjects.” It seemed clear. His Honour added, that the plaintiff was now within clause live, and was thus entitled to enter and sit for the three subjects remaining to complete his degree.